SAWARAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition, under Section 482 of the Code of Criminal Procedure (herein after referred to as 'Cr.PC'), has been filed by petitioner, for quashing FIR No. 481 of 2007, dated 20.11.2007 registered at Police Station Sadar, Mandi, District Mandi, under Sections 406, 420, 468, 471, 120-B of the Indian Penal Code (herein after referred to as 'IPC') and criminal proceedings initiated in pursuance thereto.

(2.) Petitioner Sawaran Singh has expired on 24.7.2017. The said fact has also been brought on record of learned Chief Judicial Magistrate, Mandi, where the trial against him was pending. He has expired prior to completion of the judgment in the Criminal Trial as at the time of his death, quantum of sentence had not been determined. Therefore, technically judgment of conviction and sentence is not complete against him. Therefore, learned Chief Judicial Magistrate has rightly ordered that trial against him stands abated.

(3.) As discussed in order dated 16.11.2019 passed in this petition, death of petitioner will not have any effect on the pensionary benefits admissible and permissible to his legal heirs, as per law applicable, as he has expired before completion of judgment in the trial.